All mystery shoppers are INDEPENDENT CONTRACTORS for 360 Intel. This contract is made between 360 Intel under the laws of the State of New Hampshire with its principal place of business in Manchester, New Hampshire, herein referred to as “Company” and you, an Independent Contractor Mystery Shopper, hereinafter referred to as “Shopper”.
Company is in the business of providing customer service evaluations and undisclosed examinations of clients’ businesses and the operation and in the conduct of said business desires to have the following services to be performed by the Shopper. Shopper agrees to perform these services for Company under the terms set forth this contract. In consideration of the mutual promises set forth herein, Company and Shopper agree as follows:
NATURE OF WORK: Shopper will secretively shop clients’ establishments and accurately and honestly document his/her factual experiences and report them to Company within 24 hours of the shop. If Shopper does not complete the assignment as specified, their secret identification is compromised, their report is not accurate or not submitted to Company within 24 hours, then the report will be considered invalid and Shopper will not be compensated for that specific assignment. Writing an external social media review (Yelp, Tripadvisor, Facebook, etc.) or any external communication to any governing body (Health Department, Better Business Bureau, etc.) regarding your mystery shop experience or any details from your assignment is prohibited by you and any guest that accompanied you on the evaluation.
UNIQUE REPORTS: If Shopper is conducting more than one shop for the same client, each shop report must be filled out on its own accord with a matching receipt and other required materials. Duplicate shop reports, receipts, or other materials will not be accepted.
LOCATIONS & TRANSPORTATION: It is understood that Shopper’s services will be rendered at various locations that may involve transportation. Transportation costs, such as gas, mileage, tolls, parking, etc. are Shopper’s responsibility and will not be reimbursed by Company unless otherwise specified. Shopper is required to carry adequate automobile insurance. Company is not liable for any accidents, injuries, violations, or expenses affiliated with Shopper’s operation of automobiles.
HOURS: If an assignment is to be completed on a certain date or during specific hours, then the date and hours will be included in the assignment instructions and Shopper is expected to complete the assignment only during these dates and hours. Assignments not completed during the specified dates or hours will be considered invalid and Shopper will not be compensated for that specific assignment. Shopper is responsible for calling the location before the shop, to ensure the location is open. If a shop is attempted, and the location is not open, the shopper will not be paid for the attempt.
PAY STRUCTURE: Company will pay Shopper per assignment, 30 to 45 days following the submission of all necessary documents as set out in assignment guidelines. The rate of pay varies based on the costs, complexity, time, and location of a job assigned. All of this information concerning pay is clearly disclosed when Shopper accepts an assignment. In most cases, the pay rate is a flat rate and is not adjusted based on actual expenses. If the rate of pay is $50 and Shopper spends $60 on expenses to complete the shop, then the shopper will still only be paid $50 total. Additional compensation for expenses, meals, gas, tax, tips, etc. will not be provided by Company.
STATUS OF SHOPPER: This contract calls for understanding and recognition of Shopper as an INDEPENDENT CONTRACTOR. Shopper will not be considered an employee of Company for any reason. Company is not liable or responsible for Shopper’s actions, behavior, language, appearance, workman’s compensation, and/or insurance coverage. Company is not liable for any accidents, injuries, or incidents that Shopper is involved in during assignments. Shopper is solely responsible for reporting and paying his/her applicable taxes.
NON-REPRESENTATION & DISCLOSURE: Shopper will not disclose the confidentiality of Company information or any part thereof, to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever, without the consent of the Company. Under no circumstances will Shopper ever disclose, during the course of the job assigned that he/she is a mystery shopper, secret shopper, evaluator, auditor, or anything of the like pertaining to description of his/her purpose for Company. Shopper may never contact any of Company’s clients directly for any reason at any time. Violation of this clause of the agreement will result in Shopper ending their relationship with Company and forfeiting any due compensation.
CONDUCT OF SHOPPERS: Shopper will always conduct themselves in a professional manner when they are on an assignment for Company with appearance, language, and behavior that is considered appropriate, professional, and respectful. Shopper and all guests with shopper will not consume more than TWO alcoholic beverages each when they are on an assignment for Company. Failure to follow this code of conduct will result in loss of payment/reimbursement for the mystery shop and deactivation of Shopper’s account. Company is not liable or responsible for Shopper’s actions, behavior, language, appearance, workman’s compensation, and/or insurance coverage. Company is not liable for any accidents, injuries, or incidents that Shopper is involved in during assignments.
FRAUDULENT ACTIVITY: Making false or inaccurate statements in mystery shop reports, manipulating or modifying receipts or other images, or misrepresenting Shopper’s identity with different profiles, names, or ages is considered fraudulent activity and will not be tolerated. The majority of our clients use video surveillance within their establishments and will cross reference shop reports with their security footage. It’s extremely important that the facts and statements that you provide in your shop reports are accurate and precise. Any discrepancies between the client’s security feed and the mystery shop report will justify a declined report. Fraudulent activity by Shopper that negatively impacts the business relationship with Company’s clients and leads to cancellation of service or decrease in revenue is taken very seriously. In addition to criminal prosecution, 360 Intel reserves the right to collect all current and future lost revenue that resulted due to the fraudulent activity, along with monetary and brand damages.
AGE RESTRICTED ASSIGNMENTS: Some mystery shops are age restricted assignments that require proof of identification on location with a written report. Some clients use video surveillance to verify that the mystery shopper on location matches the ID provided with the report. Identification fraud, by using a fraudulent ID or by misrepresenting the age or identity of an individual, is a felony and will be prosecuted to the fullest extent of the law. In addition to criminal prosecution, 360 Intel reserves the right to collect all current and future lost revenue that resulted due to the fraudulent activity, along with monetary and brand damages.
MAINTAINING ACCOUNT INTEGRITY: Shopper will only create one mystery shopper account with the Company. If Shopper does not know their log-in information, they will contact the Company to gain access to their account and will never create a duplicate account. If the Shopper’s account has been deactivated by the Company, the Shopper may not create a new account under another name. The Shopper must be the only person who uses their account. Spouses, partners, and other family members must create their own accounts with the Company before conducting shops.
CONFLICT OF INTEREST: If at any time Shopper has been employed, becomes employed or has a relative or friend that is employed by a client that the Company has assigned the Shopper to, the Shopper agrees to decline the assignment and/or notify the Company of such employment. If Shopper works for another Secret Shopper’s company or one offering similar services, he/she will not disclose any information about the Company to the opposing company.
INSURANCE: Each Shopper is responsible for carrying his/her own automobile insurance and may be asked to provide proof of insurance to Company.
LIABILITY: Company disclaims any liability for any injury that is either in an automobile, at an assignment, or in the office which injury may occur to Shopper or to another individual because of Shopper. Company is not liable or responsible for Shopper’s actions, behavior, language, appearance, workman’s compensation, and/or insurance coverage.
MSPA CODE OF PROFESSIONAL STANDARDS AND ETHICS AGREEMENT: Company is a proud member of the Mystery Shopper Providers Association (MSPA) and expects all of our Shoppers to follow the “Professional Standards and Ethics Agreement” enforced by this professional industry association. The “Rules of Ethical Conduct” are shown below and are included in Company’s agreement:
- I agree to perform all shops to the best of my ability
- I agree to perform all shops with honesty and integrity
- I agree to submit all reports on or before the deadline
- I agree to honor all confidentiality agreements
- I agree to give immediate notice to the shopping company if I cannot perform a shop for any reason
- I agree to return follow up calls or e-mails in a timely manner
- I agree to keep paperwork and notes for at least 60 days in case questions arise by the client
- I will not perform a shop unless I have thoroughly read each question on the survey and the guidelines provided by the shopping provider
- I will not falsify or misrepresent reports
- I will not ask or encourage anyone to break confidentiality agreements with other firms for whom they conduct mystery shopping assignments
- I will not use any MSPA media to publish complaints against vendors, clients, shoppers or mystery shopper providers
- I will not share information with others on which company shops which clients
- I will not share information with others on shopping fees and reimbursements for specific clients
- I will not share the results of a shop with others in order to protect the clients confidentiality
- I will not perform any shops under the influence of illegal drugs, or prescription drugs that might impair my abilities
- I agree not to become inebriated or drink beyond the legal limits set forth in my state or perform any other activity that my cause harm to myself or others while mystery shopping
- I will not contact a client directly without approval of the shopping company
- I will not disrupt the normal business flow of an operation in the process of performing a shop (do not cause a scene)
- I will not announce myself as a mystery shopper to the business being shopped unless given specific instructions by the shopping company I will not accept a mystery shopping assignment for a business that I, my family or friends work for I will not list any shopping company I work for as an “employee” on any forms (especially unemployment forms) if I am hired strictly as an independent contractor for that company
Because you AGREE to the document during your application process, it is not necessary to send it back to our office until requested. Please keep a copy of this agreement in your files and refer to it when completing an assignment for 360 Intel. As a Shopper for 360 Intel, you are legally bound by the terms described above.
NO CRIMINAL BACKGROUND: Shopper certifies that s/he has no criminal background, no pending criminal litigation, no history of DUI or DWI, and is not currently required to register as a sex offender. 360 Intel reserve the right to immediately suspend Shopper’s eligibility if this certification is found to be false.